PURDUE EXTENSION
FS-18-W
Food Entrepreneurship Series
Using a Home Kitchen to Prepare Food for Sale
Introduction
Entrepreneurs who prepare food for sale must
Katherine Clayton
food science Extension
outreach specialist
Mark Morgan
food process engineer and
professor of food science
Kevin Keener
food process engineer,
Extension specialist, and
professor of food science
Department of Food Science
745 Agriculture Mall Drive
West Lafayette, IN  47907
www.foodsci.purdue.edu
follow strict guidelines that regulate what types of
food they can prepare, where they can prepare
it, how it can be packaged, and where they can
sell their products.
Prior to 2009, entrepreneurs who used their
home kitchens were only allowed to prepare
honey, maple syrup, sorghum, and uncut
produce for selling directly to customers.
Preparation and sale of any other type
of food required an individual to have a
“food establishment,” such as a restaurant,
convenience store, or grocery store. If the
entrepreneur didn’t have a food establishment,
then another option was for the entrepreneur
to use an approved kitchen that was held to
numerous regulations by the state, including
registration, licensing, and health department
inspection. (For more information on this topic,
see Using an Approved Kitchen to Prepare Food for Sale, Purdue Extension Publication FS-17-W.)
However, in 2009 the Indiana General Assembly
created a home-based vendor (HBV) exemption
with House Enrolled Act 1309. This exemption
allows an individual to produce “non-potentially
hazardous food products” in a home kitchen
to sell only at farmer’s markets and roadside
stands. No HBV foods may be sold (or resold) at other venues, including retail food
establishments, festivals, carnivals, or any other
event.
Department of
Food Science
Home-based vendor or food
establishment?
A vendor must be designated as
either a home-based vendor or a food
establishment—not both. Entrepreneurs
who produce food that is non-potentially
hazardous AND food that is potentially
hazardous must not comingle production
activities of these two food types. If a vendor
plans to sell food products other than those
that are allowed to be produced in a primary
residence, then that vendor would need to
become a food establishment and meet all
the requirements for that designation.
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Food Entrepreneurship Series • Using a Home Kitchen to Prepare Food for Sale
PURDUE EXTENSION
Food Type
pH
Non-potentially hazardous
(other than whole, uncut produce)
Less than or equal to 4.6
OR
Less than or equal to 0.85
Potentially hazardous
Greater than 4.6
AND
Greater than 0.85
What makes a food potentially hazardous
or non-potentially hazardous?
Foods that may create a public health risk are
considered potentially hazardous foods and
may NOT be produced and sold under the HBV
exemption. A potentially hazardous food product
includes a food that is natural or synthetic and
requires temperature control because it is in a form
capable of supporting the growth of disease-causing
bacteria. In general, any food that has ingredients,
packaging, and/or storage conditions that could
lead to a human health risk is considered potentially
hazardous. Six basic factors affect bacteria
growth—including the food ingredients, acidity, time,
temperature, oxygen, and moisture—but acidity and
moisture are the two most critical factors used to
control bacteria growth for products stored at room
temperature.
Acidity is measured by pH, while moisture is
measured by water activity. Water activity measures
the amount of water in a food product that is available
for use by microorganisms. Critical limits have been
established for water activity and pH to differentiate
between potentially hazardous and non-potentially
hazardous foods.
Government regulations only require a pH less than
or equal to 4.6, but most commercially produced
acidic foods have a measured pH of less than 4.2
to minimize any risks. It is recommended that a
home-based vendor who produces acidic foods
(pH less than 4.6) purchase and use a pH meter to
regularly test and document the pH of products. After
calibrating the pH meter, a representative sample of
the product should be taken and measured using a
pH probe. All measurements, including pH and water
activity, should be taken three times with a calibrated
measuring device. Taking three new or unique
samples is good laboratory practice for verifying
results and accuracy of the sample.
Several handheld pH meters are available for
purchase for approximately $100 each. In addition,
independent laboratories are available for pH and
water-activity testing as well as numerous other
tests (e.g., nutritional analysis, etc.). A link to a list
Water Activity (Aw)
of laboratory contacts can be found at links.foodsci.
purdue.edu/laboratories. Home-based vendors
should direct specific questions about their products
to their local health departments.
Which foods are considered potentially
hazardous?
The list on page 4 of this publication demonstrates a
few examples of potentially hazardous foods as well
as non-potentially hazardous foods, but it is not a
comprehensive listing. As mentioned above, all
non-potentially hazardous foods have a pH of less
than or equal to 4.6 OR water activity of less than
0.85.
Labeling Requirements for Home-Based Vendors
All HBV foods must have the following statement
printed at a minimum type size of 10 points on
product labels: “This product is home produced
and processed and the production area has not
been inspected by the State Department of Health.”
HBV foods must also include the following on their
labels:
• name and address of the producer (HBV),
• common or usual name of the food product,
• ingredients included in the food product listed in
descending order by weight (largest to smallest),
• net weight and volume of package, and
• date on which the food product was processed.
This labeling must be present with and/or on the
food at the point of sale regardless of whether or not
the product is packaged. For unpackaged products,
in place of a label it is acceptable to use easily
readable signs that include all of the information
required for labels. Labeling (or a sign) is not
required for whole, uncut produce.
Recommended First Steps for the
Home-Based Vendor
1. Test pH and/or water activity of product using a
personal device or an independent laboratory.
Laboratory options include:
FS-18-W 3
Food Entrepreneurship Series • Using a Home Kitchen to Prepare Food for Sale
a. available testing laboratories:
• http://links.foodsci.purdue.edu/laboratories
b. Purdue University Food Science Department
• Contact Katie Clayton, Extension specialist,
at: [email protected] or 317-7716695.
2. Determine if your food product is a non-potentially
hazardous food product, based on pH, water
activity, and information provided in the table on
page 2.
3. Contact your local health department for any
specific questions:
a. Indiana health departments listing: http://www.
in.gov/isdh/24822.htm
4. If the food product is non-potentially hazardous,
proceed with preparation and sale of your product
only at farmer’s markets and roadside stands.
5. If the food product is a potentially hazardous food
(pH greater than 4.6 AND water activity greater
than 0.85), the food product may not be produced
or sold under the HBV exemption, so it would be
necessary to pursue another option. To produce
these types of products, you must complete all of
the following steps:
• Produce product in an establishment licensed
for food production, which includes but is
not limited to a commercial kitchen, or in
conjunction with a co-packer, which is a
commercial producer who regularly produces
a similar product and is available for contract
production.
>http://links.foodsci.purdue.edu/
commercialkitchens
• Attend Purdue Extension Better Process
Control School.
>ag.purdue.edu/foodsci/extension/Pages/
default.aspx
PURDUE EXTENSION
• File the scheduled process with the U.S.
Food and Drug Administration using Form
2541.
> Instructions for filing: http://www.fda.gov/
Food/FoodSafety/Product-SpecificInformation/AcidifiedLow-AcidCannedFoods/
EstablishmentRegistrationThermalProcessFiling/Instructions/default.htm
> Electronic submissions: www.fda.gov/
Food/FoodSafety/Product-SpecificInformation/AcidifiedLow-AcidCannedFoods/
EstablishmentRegistrationThermalProcessFiling/ElectronicSubmissions/default.
htm
References
“Guidance for Uniform Use of House Enrolled Act
1309,” Indiana State Department of Health, 11
June 2009, http://www.in.gov/isdh/files/HEA_1309_
guidance_final_6_11_09.pdf (accessed October
2011).
Information Maintained by the Office of Code
Revision, Indiana Legislative Services Agency, http://
www.in.gov/legislative/ic/code/title16/ar42/ch5.html
(accessed October 2011).
For more information, please refer to other
publications in the Food Entrepreneurship
Series:
FS-14-W, Organic Foods
FS-15-W, Food Preservation Methods
FS-16-W, Regulations for Indiana Food Processing
FS-17-W, Using an Approved Kitchen to Prepare
Food for Sale
All of these publications are available at the
Purdue Extension Education Store, www.the-education-store.com.
>http://www.ag.purdue.edu/foodsci/
Documents/workshops/bpcs_brochure.pdf
• Contact a process authority to review the
canning process (also called “scheduled
process”).
>http://links.foodsci.purdue.edu/
processauthorities
Please see the next page for examples of non-potentially hazardous foods and potentially hazardous foods.
FS-18-W 4
Food Entrepreneurship Series • Using a Home Kitchen to Prepare Food for Sale
Non-Potentially Hazardous
(may be sold by home-based vendor
[HBV])
Type of Food
PURDUE EXTENSION
Potentially Hazardous
(may NOT be sold by home-based vendor [HBV])
Baked Goods
Cookies, cakes, fruit pies, cupcakes,
fruit breads, dessert bars, baguettes
• Products containing meat, poultry, and/or aquatic
animals
• non-baked dairy products, including cheese, butter,
and yogurt
• non-baked, egg-containing products and fresh
shell eggs
Fruits and Vegetables
Unprocessed, whole and uncut
produce, e.g., oranges, cherries,
berries, tomatoes, corn, lettuce, green
beans, peppers, etc.
Fermented vegetables, i.e.,
vegetables placed in a brine
(saltwater) solution in which bacteria
produce lactic acid to acidify
the product and do not require
refrigeration
• Any cut produce, e.g., cut tomatoes or melons
• Raw seed sprouts
Fruits/Canned Fruits
• Non-fermented, pickled vegetables (e.g., pickles,
beets, etc.) that are acidified (i.e., vinegar added)
and do not require refrigeration. Note: Vegetables
that require the addition of any acid (e.g.,
vinegar) are NOT considered fermented.
• Garlic in oil mixtures
• Herb and oil mixtures
Traditionally prepared fruit-based jams • Fruit butters (e.g., apple, pear, pumpkin) and “low
and jellies, e.g., grape, strawberry,
sugar” or “no sugar added” jams and jellies
blueberry, raspberry, blackberry, etc.
Only naturally acidic products
• Acidified and low-acid canned foods (i.e., in
(i.e., natural pH below 4.6). These
hermetically sealed containers including cans, glass
may include fruit-based products
jars, plastic containers, etc.); examples include
(e.g., grape, strawberry, blueberry,
canned vegetables, salsas, chutney, chow-chow,
raspberry, blackberry, etc.) and some
pickles, beets, and other pickled vegetables, etc.
other non-chunky sauce products
• Foods in reduced-oxygen packaging (i.e., vacuum
(e.g., barbecue sauce). Note: The pH
packaging)
of all canned food products should
be verified before sale.
Canned Foods
Meat, Poultry, Seafood
• All meat, poultry, or aquatic animal products
---
Syrups
Honey, maple syrup, sorghum, and
molasses
---
Tree Nuts and
Legumes
Peanuts, almonds, cashews, walnuts,
pistachios, etc.
---
Candies and
Confections
Caramels, chocolates, fudge, peanut
brittle, chocolate-covered fruits and/or
nuts, and bonbons.
---
PURDUE AGRICULTURE
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